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SNYDERGENERAL CORP. v. CENTURY INDEM. CO.

No. 95-11177.

113 F.3d 536 (1997)

SNYDERGENERAL CORP., Plaintiff-Appellant, v. CENTURY INDEMNITY CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 19, 1997.

Attorney(s) appearing for the Case

David Ronald Reneker, Bush, Craddock and Reneker, Dallas, TX, Michael Lamar Jones, Frieda Anne Clark, Henry, Meier & Jones, Dallas, TX, Robert E. Goodfriend, Dallas, TX, Plaintiff-Appellant.

Joseph M. Malkin, Laura C. Bremer, O'Melveny & Myers, San Francisco, CA, Jerry K. Clements, Margaret Ann Donahue, Morris D. Harrell, Locke, Purnell, Rain & Harrell, Dallas, TX, Barton Samuel Aronson, Jeffrey William Kilduff, O'Melveny & Myers, Washington, DC, for Defendant-Appellee.

J. Mark Lawless, Austin, TX, Michael A. Pohl, Pohl, Bennett & Matthews, Houston, TX, for Pilgrims Enterprises Inc., Amicus Curiae.

Roderick Andrew Bordelon, Victor Goode, Austin, TX, for Office of Public Ins. Counsel, Amicus Curiae.

Sam Goodhope, Office of the Atty. Gen. of Texas, Austin, TX, for State of Texas, Amicus Curiae.

Laura Anne Foggan, Marilyn E. Kerst, Wiley, Rein & Fielding, Washington, DC, for Insurance Environmental Litigation Ass'n, Amicus Curiae.

Before POLITZ, Chief Judge, and SMITH and DUHÉ, Circuit Judges.

POLITZ, Chief Judge:

In this insurance coverage dispute, SnyderGeneral Corporation appeals an adverse summary judgment in favor of its insurer, Century Indemnity Company. Concluding that environmental cleanup costs qualify as damages under the applicable insurance policy, we affirm in part and vacate in part the district court's grant of summary judgment, and remand for further proceedings consistent herewith.

BACKGROUND

In 1982 SnyderGeneral purchased...

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